General Terms and Conditions
for the Products and Services offered by Runtastic

We, the team of runtastic GmbH, Pluskaufstraße 7, 4061 Pasching, Austria (“Runtastic”), are pleased to see you being interested in our products and we are confident that our Apps and the Runtastic.com platform match your fitness interests perfectly.

To use our products, we have to clarify certain things with you. For example, the rights and responsibilities we owe each other, how long various periods last and many more details. One of them is a privacy policy.

Since it is not possible for us, for technical reasons and due to limited personnel resources, to negotiate the terms of use with each individual who wishes to use the Runtastic products, we have drafted the following general terms and conditions (“T&C”).

Please read the following T&C carefully before you make use of our services. These are our relevant general terms and conditions regarding our apps and our website, and its services, functions, content and applications.

runtastic GmbH
Pluskaufstraße 7
4061 Pasching
Austria

1. INTRODUCTION

1.1 Runtastic operates an interactive online platform and mobile apps aiming to connect, and create new opportunities for, people who are, or want to become, sports- and health-conscious.

1.2 In order to be able to use the complete spectrum of Runtastic’s products and services, a one-time registration is required (see Section 4, below). However, certain content (e.g., information regarding sports, health or nutrition), including general descriptions of Runtastic can be viewed without registration.

1.3 Runtastic’s goal is to make sports enjoyable and to make a positive contribution to people’s health.

1.4 Your health is very important to us. ALWAYS consult your doctor about your athletic behavior. Runtastic neither substitutes your doctor, nor is Runtastic responsible for your behavior. The contents of the Runtastic.com platform or Apps from Runtastic GmbH, regardless whether they are provided by Runtastic, its partners or users, are not meant to supplement, let alone replace, the information provided by doctors or pharmacies. By accepting these T&C, you confirm that you are solely responsible for your health.

2. VALIDITY OF THE T&C

2.1 Runtastic offers the interactive Runtastic.com platform and Runtastic mobile apps on the basis of these T&C. By registering, the user consents to the validity of these T&C and any agreements incorporated therein by reference.

2.2 Neither the registration nor the use of the complete spectrum of products and services shall be possible without explicit consent to these T&C.

2.3 These T&C shall apply to all points of access, including (sub-)domains and mobile applications, for Runtastic’s products and services. In particular, the Runtastic online offering will be accessible via the following domains: runtastic.com, runtastic.at, runtastic.de, runtastic.eu and runtastic.co.uk.

2.4 These T&C shall be valid until cancelled in the currently valid version as of 01 Nov, 2014.

2.5 Solely the German version of these T&C is binding.

3. SUBJECT OF THE AGREEMENT

Currently, Runtastic essentially offers its users the following applications and information in several languages:

3.1.5 Training plans and records, as added by users, and presented and administered by Runtastic, respectively

3.1.6 Routes, as added by users, and presented and administered by Runtastic, respectively

3.1.7 News regarding Runtastic in short form

3.1.8 Mobile Fitness & Health Apps

3.1.9 Shop: In this category Runtastic displays and links to some external shops, which provide sports and fitness products. Runtastic acts as agent and not as vendor. Therefore special shop terms and conditions are defined, and are not part of these T&C.

3.1.10 Content, e.g. texts, pictures and videos, regarding sports, health and nutrition will be presented by Runtastic and professional third parties (sports coaches, trainers, ...)

3.1.11 Status Messages

3.1.12 Blog: Presentation of company information, products and news in long form

3.1.13 Other Content:

About us: Short description of Runtastic

Company offerings: Offers of Runtastic addressed to companies

Partners: Presentation of partners and supporters of Runtastic

Advertising by Runtastic and/or third parties

Support for users

T&C

3.2 Mobile applications; Runtastic Mobile

3.2.1 Runtastic offers applications for Apple iPhones, Android phones and other smartphones on a global scale.

3.2.2 These applications can be used both isolated on the smartphone as well as in connection with the Runtastic.com platform.

3.2.3 Subject to the user's consent, relevant data is transmitted from the smartphone to the Runtastic.com platform and shared with other social networks (e.g., Facebook), respectively.

3.2.4 The user hereby confirms the user’s knowledge that as a result of the transmission of data from the smartphone to the Runtastic.com platform, certain costs of the mobile carrier will be incurred that have to be borne by the user.

3.2.5 The mobile applications are only available to users of smartphones. Only the basic functionality of the mobile applications is available for free.

3.2.6 Additional terms and conditions on the part of the mobile phone-providers apply.

3.3 Other Services of Runtastic

3.3.1 Runtastic will send newsletters to registered users. By accepting these T&C, the user allows Runtastic to send newsletters. The user can opt out of receiving a newsletter each time such newsletter is received. Upon opting out, the user will not receive any further newsletters from Runtastic.

4. REGISTRATION

4.1 In order to be able to use the Runtastic.com platform, a one-time, free registration is required. Runtastic offers users two options of registering on the Runtastic.com platform:

4.1.1 a "Free Membership" (basic), where only basic options and features are made available to users;

4.1.2 a "GOLD Membership", with all options and features made available to users.

4.2 Only persons legally capable to enter into agreements on their own behalf shall be permitted to register with Runtastic. Minors may only register with Runtastic subject to the explicit consent of their parents or legal guardians. A scanned copy of such written consent shall be sent by email to register@runtastic.com.

4.3 By registering, the user confirms its knowledge and the unlimited recognition of the content of these T&C.

4.4 Each user shall register with Runtastic once only, and confirms with its registration that it has not registered an account with Runtastic before and has not deleted a previously activated user account.

4.5 Subject at all times to Section 13 hereof, a user can register in one of two ways:

4.5.1 Registration by use of the registration form provided on the Runtastic.com platform:

For purposes of registration, the user shall provide the details requested by the registration form, e.g., first name, last name, date of birth, completely and correctly, unless such details are marked as voluntary. Registration is only possible by using the user’s civil name, i.e., the use of phantasy names or pseudonyms is not possible.

4.5.2 Adoption by Runtastic of registration details provided by the user in the social network Facebook or Google G+:

Registration via Facebook Connect or via Google G+ requires the user to confirm that the selected details, which the user previously provided on Facebook or Google G+ , shall be adopted by the Runtastic network. The user can subsequently add to or reduce such details in such user’s profile on the Runtastic.com platform.

4.6 Following successful registration, the user can log on to the Runtastic.com platform by either (i) entering its email address and the chosen password, or (ii) accomplishing the log-in via Facebook connect or Google G+.

4.7 If the registration process is not completed, e.g., as a result of missing personal details or the lack of consent to these T&C, Runtastic will delete the corresponding account within a period of seven days.

4.8 Runtastic reserves the right to reject users without giving reasons. In this event, any transmitted details will be deleted promptly.

4.9 Runtastic is not responsible for the actual identity of the user, since personal identification via the internet is possible only to a limited extent. Each user shall itself confirm the identity of other users prior to entering into any form of interaction with such users, e.g., adding as a friend or by writing messages.

5. GENERAL TERMS AND CONDITIONS FOR ALL USERS

5.1 Fraud protection.

5.1.1 You must protect your account from unauthorized and fraudulent use. Please notify us immediately by email at abuse@runtastic.com of any unauthorized or fraudulent use of your account, or if you suspect that your account may be at risk.

5.1.2 Runtastic will not refund any amounts paid by you to runtastic.com before you report an unauthorized or fraudulent use of your account.

5.1.3 Runtastic.com has the right to close or cancel the account of any registered user in the event of any unauthorized or fraudulent use of the account.

5.2 Promotions and Free Offers. Runtastic.com may run promotions and free offers, which may be subject to additional terms or restrictions. These promotions and offers may not be transferred between users.

6. SPECIAL TERMS AND CONDITIONS FOR GOLD MEMBERS

6.1 Subscription Requirement. In order to use the Runtastic Premium Service for Gold Members, you must (i) be a registered user of the Runtastic.com platform, and (ii) pay the stipulated price, including applicable VAT, if any, and any other fees or amounts associated with the Premium Services, by credit card or any other form of payment accepted by Runtastic (the “Subscription”). If you are not a registered user of the Runtastic.com platform, you must register before you can execute the Subscription. Details about the applicable fees for the Gold Membership are set forth on http://www.runtastic.com/en/premium-membership.

6.2 Types and Prices of Subscriptions. Runtastic.com offers different Subscription periods so that you can choose the one that best satisfies your needs. The different Subscription types and applicable prices are available for viewing here www.runtastic.com/gold. All prices are subject to change at Runtastic’s discretion at any time. Any price changes will be announced on the Runtastic.com platform.

6.3 Payment.

6.3.1 Payment is made in advance for each subscription period. In other words, you can select the subscription period that best satisfies your needs to access the Premium Services. Once you signed up and paid for the Subscription, the selected validity period will be associated with your account.

6.3.2 Payments for the entire term of your Gold Membership shall be due immediately upon invoicing. Payment can be made using different online payment systems (Paypal, Credit Card, ). If Runtastic is unable to collect any fees from an account designated by the user due to lack of funds, the user shall bear all costs arising therefrom, including bank charges related to any debit entries or similar charges. Runtastic may deliver invoices and payment reminders to the user by email.

6.4 Automatic Renewal. When your Subscription period expires, your credit card will be charged automatically with the standard subscription price which was valid at the arrangement, i.e., special offer prices do not apply in this case, and your Subscription will be renewed for the same period of time unless you cancel your Subscription, at least prior to the expiration of your current Subscription.

6.5 Cancellation. You may cancel your Subscription to Runtastic Premium Service for Gold Members at any time by initiating the cancellation on the Runtastic.com platform. Unless otherwise provided for in Section 8, Runtastic will not refund previously paid amounts.

6.6 Expiration. Subject to Section 6.4, for lack of a user’s cancellation of such user’s Subscription, each Subscription period ends only upon expiration of the agreed-upon time period, and regardless of the user’s actual use of the Runtastic Premium Service for Gold Members during such period. Each user can check the length of the current Subscription period by viewing such user’s account information.

6.7 Application of Other Rules. Unless otherwise specified in this Section 6, all other provisions of these General Term and Conditions apply also to the Gold Members.

7. SPECIAL CONDITIONS FOR TRAINING PLAN-USERS

7.1 Subscription Requirement. In order to use the Training Plan-Services, you must (i) be a registered user of runtastic.com, and (ii) pay the stipulated price along with (in case) the VAT and any other fees or amounts associated with the Training Plan-Services, by credit card or any other form of payment accepted by runtastic.com (the “Booking”). If you are not a Registered User of runtastic.com, you must register before you can execute the Booking.

7.2 Booking. Runtastic.com offers different bookings of training plans, so that you can choose the one that best satisfies your needs.

7.3 Payment. Payment is made in advance. In other words, you can select the training plan that best satisfies your needs. Once you have signed up and paid the price, the corresponding validity period will be associated with your account.

7.4 Prices. You can consult the different applicable prices on the runtastic.com platform. Any price changes will be announced on the runtastic.com website.

7.5 Booking Period. Any booking period of the Training Plan-Services ends after six months, regardless of the user’s actual use of the Training Plan-Services during such period. You can check on the length of your Training Plan at any time by viewing your account information.

7.6 Cancellation. You may cancel the Training Plan-Service at any time by initiating the cancellation on the Runtastic.com platform. Unless otherwise provided for in Section 9, Runtastic will not refund previously paid amounts.

7.7 Application of Other Rules. Unless otherwise specified in this Section 7, all other provisions of these General Term and Conditions apply also to the Gold Members.

8. TERMINATION

8.1 Each user shall have the right to terminate the use of Runtastic's online platform at any time via its account settings („My Profile“). Runtastic shall confirm such termination vis-a-vis the user.

8.2 Additionally, Runtastic reserves the right to terminate a user’s membership for important reasons, such as due to gross breaches of the user‘s obligations.

8.3 As a result of any termination pursuant to this Section 8 or cancellation pursuant to Section 9 hereof,

8.3.1 all personal details provided by the user upon registration shall be deactivated. Any details made public by the user, e.g., routes, notes on other users' walls, will be (i) anonymized, i.e., it will be made clear that such details were provided by a deleted user, or (ii) deleted, in the event of cancellation.

8.3.2 upon the user’s request, all saved personal details shall be irrevocably deleted. The user shall request such deletion by email sent to delete.account@runtastic.com, which shall include the email address provided to Runtastic upon registration.

9. SPECIAL CANCELLATION RIGHT FOR CONSUMERS

9.1 Application of Consumer Laws. If you as a User are registered on the Runtastic.com platform for a purpose that is not related to either your commercial or professional freelance activity, the following provisions apply to you as a consumer within the meaning of Section 1 of the Austrian Consumer Protection Act (Konsumentenschutzgesetz; KSchG):

9.2 Right of Withdrawal from Contract. You may cancel your agreement with Runtastic in writing, e.g., by letter, fax or email, within 14 days from the later of the date (i) on which the agreement was entered into and (ii) of receipt of any physical products you may have ordered, in each case without stating any reasons. You can cancel the agreement by sending your notification to:
runtastic GmbH
Pluskaufstraße 7, 4061 Pasching
Austria
Fax: +43 7229 23327
Email: tos@runtastic.zendesk.com

9.3 Consequences of Cancellation. In the event of cancellation, any benefits received by one party from the other must be returned, and any economic advantages gained must be repaid. If you are not able to return the services rendered to Runtastic in full or in part, you are obligated to reimburse Runtastic for the value lost. This may mean that you are required to fulfill your payment obligations until cancellation has become effective. Obligations to reimburse costs must be fulfilled within 30 days. For you, this period begins when you send your contract termination, for us when we receive it.

10. USER OBLIGATIONS AND CONDUCT

10.1 Each user of the Runtastic.com platform must

10.1.1 truthfully provide, and keep current and complete, its registration details, and must not pass on such details to third parties;

10.1.2 only save, publish, transmit and distribute such content, e.g., photos, pictures, text, representations or videos, if the user is authorized to pass on such content, i.e., (i) if the user has the exclusive right to use such content or, (ii) in the event that the user is not the owner of such rights with respect to content provided by it, if the user guarantees to Runtastic that all required rights, licenses, permits etc. have been validly obtained. This shall also apply to content subject to intellectual property rights, such as trade names and trademarks. The user shall be exclusively responsible for such content;

10.1.3 not save, publish, transmit or distribute any content that is racist, insulting, discriminating, denunciating, sexual, glorifies violence or is otherwise illegal;

10.1.4 not to send chain letters or messages to more than one recipient at any one time, i.e., the user must not send mass emails or spam;

10.1.5 not carry out any disrupting interferences in the Runtastic network by use of technical or electronic aids, such as hacking attempts, brute force-attacks, planting of viruses/worms/trojans and other disrupting attempts regarding Runtastic's software or hardware;

10.1.6 not copy, distribute, transmit or collect by use of technical aids, e.g., by crawlers or bots, accessible details without the consent of the respective owner;

10.1.7 provide prompt notice via email to abuse@runtastic.com of any detected breaches of the aforementioned obligations;

10.1.8 diligently care for the personal details and only allow such persons access to its own details that are close to the user; and

10.1.9 regularly save important personal details externally, e.g., on an external storage medium, hard drive or in the cloud. Runtastic shall not be responsible for any lost or impaired details.

11. BREACH OF USER OBLIGATIONS

11.1 In order to ensure the proper and reliable provision of services, Runtastic imposes the following sanctions upon breach obligations by a user:

warning;

deletion of content;

temporary deactivation of user account; and

cancellation (irrevocable deactivation).

11.2 The type of sanction shall depend on the purpose, impact and type of the breach in light of Runtastic's and the user's interests.

11.3 In the event a user account shall be cancelled in accordance with this Section 11, the respective user shall not be permitted to register again.

12. CONTENT

12.1 Runtastic permits its registered users to use the offered portfolio of products and services in accordance with statutory law and these T&C, in order to upload, save, publish, distribute, transmit and share content with other users.

12.2 The user consents that as a result of the automatic evaluation of the way such user uses the platform, it may be exposed to certain offers and/or marketing messages tailored to such user.

12.3 The user consents that marketing measures may also be taken in the proximity of content created by such user.

12.4 Runtastic shall have the right to save content or disclose such content to third parties, to the extent this is required by law, or legally permissible and reasonably necessary, in order to

12.4.1 comply with statutory law, or court or administrative orders

12.4.2 ensure compliance with these T&C;

12.4.3 react to claims of breaches of law raised by third parties; or

12.4.4 safeguard the rights, property or personal safety of Runtastic, its users and the general public.

12.5 The user grants Runtastic the irrevocable, free, non-exclusive and unlimited right to use all content generated, transmitted, saved and published by such user. Accordingly, Runtastic shall have the right to use, irrespective of the type of usage, all content both as part of the Runtastic platform and any other activity of Runtastic or any company affiliated with Runtastic. This shall include the right to change and edit such content, unless such changes or edits impair material interests of the user. In this connection, the user waives, to the extent legally permissible, all intellectual property rights. However, to the extent feasible, in the event that Runtastic uses content created by a user outside the Runtastic platform, Runtastic shall note that such content was created by the user.

12.6 Runtastic does not claim ownership of any content created by users and will not supervise such content.

12.7 Runtastic reserves the right to delete content created by users, such as routes, events or comments without giving reasons. In this event, the user shall be notified and, in the event of a breach of these T&C, may be sanctioned in accordance with Section 11.

12.8 Runtastic shall not be responsible for inaccurate content created by users, e.g., details regarding routes or events etc..

13. PRIVACY POLICY

Please see the separate Privacy Policy available on www.runtastic.com/en/privacy-policy.

14. REPRESENTATIONS AND WARRANTIES

14.1 Runtastic does not represent or warrant that the Runtastic.com platform will be available at all times, or that it and the necessary hardware and software will be completely free from errors.

14.2 Runtastic does not represent or warrant that the transmission of data via other systems, in particular the internet and telecommunication networks, is not tracked, recorded or distorted by third parties.

14.3 The user uses the Runtastic offering exclusively at its own risk. This applies, without limitation, to

14.3.1 the related use of any hardware, including, but not limited to, (i) the respective smartphone, e.g., in the course of using the feature "measuring pulse", by pressing the photo light for a prolonged period, the user's finger may heat up, (ii) chest straps, and (iii) smartphone dongles;

14.3.2 downloading of the user's own and third party content; and

14.3.3 any use by the user of data created or provided by Runtastic, including, but not limited to (i) measured pulse or altitude details, or (ii) recommendations for actions, e.g., workout plans etc. The user explicitly acknowledges that any such data or content may contain errors, and Runtastic does not, to the extent permitted by law, assume any responsibility for the correctness of such data.

14.4 The use of any software or hardware offered by Runtastic is no substitute for the consultation by the user of a specialized doctor.

14.5 Additionally, Runtastic does not make any representations or warranties with respect to external links, banners or other information and marketing offers that may be made accessible to the user. Any contractual arrangements entered into between the user and a third party provider, e.g., via linked websites or banners, result in a contractual relationship between such user and the third party provider only. Runtastic does not make any representations or warranties with respect to products or services of third party providers.

15. LIMITATION OF LIABILITY

15.1 Runtastic shall be liable as currently provided by law, regardless of the statutory basis of such liability (precontractual, contractual, tort) only if Runtastic has caused a certain damage willfully or with gross negligence. In the event of slight negligence, Runtastic shall not be liable to other businesses and shall be liable to consumers only for personal damages. Runtastic shall not be liable to businesses for follow-on damages, mere pecuniary losses, lost profits or damages resulting from claims of third parties.

15.2 Unless required by statutory law, neither Runtastic nor any of its business affiliates shall be liable for damages resulting from the use of content made accessible through the use of the online platform or other forms of use of the online platform or mobile apps. This also applies to damages resulting from errors, problems, viruses or loss of data.

15.3 Runtastic.com assumes no liability for downloaded material or material obtained as a consequence of using the runtastic.com platform. The Registered User is solely responsible for any damages caused by such materials to his computer system or for information that is lost as a consequence of downloading materials from the Runtastic.com platform.

15.4 The Registered User is exclusively liable for any claims of lawsuits of any kind in any way derived from or related to conflicts with other users. The Registered User acknowledges and accepts that Runtastic.com will not, under any circumstances, be liable for the acts and omissions of other users, including the damages associated with such acts or omissions.

16. INDEMNIFICATION BY USERS

16.2 The user shall indemnify Runtastic for all claims raised by third parties as a result of an infringement of their rights by the user in connection with content uploaded to the Runtastic.com platform by such user or as a result of any other usage by such user of applications available from Runtastic. The user shall bear the costs of any legal proceedings, in which Runtastic may be involved in connection with such claims, including all court costs and attorney’s fees to the extent permitted by law, unless the user was not at fault in causing such infringement.

16.3 In the event that a claim is brought by a third party, the user shall promptly, truthfully and completely make available to Runtastic all information available to such user that may be necessary to verify such claim and defend against it. Any additional claims for damages that Runtastic may be entitled to bring against the user shall not be affected.

17. CHANGES TO THE T&C

17.1 Runtastic reserves the right to amend these T&C from time to time for a number of reasons including, without limitation, for commercial reasons, to comply with applicable law or regulations, or for customer service-reasons. At any time, the then-current version of these T&C is available for viewing on the Runtastic.com platform.

17.2 Changes to these T&C, other than changes to Section 3 require the consent of the respective user, to whom the changed T&C shall apply. If Runtastic intends to implement such changes to these T&C, Runtastic will give the user as much prior notice of such changes as possible. Such notice shall be made (i) via email to the email address the user previously supplied, (ii) on the relevant pages of the Runtastic.com platform, or (iii) on any other device through which the user accesses the Runtastic services. We may invite the user to accept the new T&C by clicking “yes” or “I accept”, checking a “tick box” or any other similar method of confirmation. Any such modifications will take effect within thirty days of publication.

17.3 In the event that the user does not consent to the changed T&C, it shall not be permitted to any further use of the Runtastic.com platform.

17.4 Following amendment of the T&C, the continued use of Runtastic's offering following the notification or, as the case may be, expiration of such thirty days-period, by any registered user shall be deemed user's consent to the amended T&C.

17.5 Subject to Sections 17.1 to 17.4, any changes to these T&C must be made in writing. No ancillary oral arrangements exist.

18. MISCELLANEOUS

18.1 In the event that individual provisions of these T&C shall be or become invalid, all other terms and conditions shall remain in full force and effect.

18.2 Governing Law and Jurisdiction.

18.2.1 These T&C and all contractual relations and litigation between the users and Runtastic shall be governed by Austrian law, excluding the conflict of law-provisions of the United Nations Convention on Contracts for the International Sale of Goods.

18.2.2 Place of delivery and exclusive court of jurisdiction shall be Linz, Austria.